Raleigh Financial Crimes Attorney
Willful Failure to File or Pay State Income Tax
Taxes are fundamental in every state in the United States, and from federal taxes to North Carolina state income taxes, North Carolina residents must file and pay their taxes. In fact, committing a willful failure to file or pay state income tax is a criminal offense punishable by fines and, if the crime is severe enough, possible jail time. In fact, attempting to evade or defeat your taxes can result in a Class H felony, while willfully failing to file a return, supply information, or pay tax can result in a Class 1 misdemeanor.
If you’re under investigation or arrest for a willful failure to file or pay state income tax charge, you absolutely need to legal representation of an experienced Raleigh financial crimes attorney. At the Law Office of Dewey P. Brinkley, we boast substantial experience with white collar crimes and defending individuals charged with tax crimes. With a wide network of resources and legal experience, we are confident that we can give your case a strong and full-service defense.
For a free consultation with financial crimes attorney Dewey Brinkley, call our Raleigh law office today.
Definition of the Willful Failure to Pay State Income Tax
The laws for tax violations in North Carolina fall under North Carolina General Statues, Chapter 105 — Taxation. Furthermore, you can find the specific violations and their penalties under G.S. § 105-236. According to this statute, “willful failure to file, supply information, and pay tax” is specifically defined as:
“Any person required to pay any tax, to file a return, to keep any records, or to supply any information, who willfully fails to pay the tax, file the return, keep the records, or supply the information, at the time or times required by law, or rules issued pursuant thereto, is, in addition to other penalties provided by law, guilty of a Class 1 misdemeanor. Notwithstanding any other provision of law, no prosecution for a violation brought under this subdivision is barred before the expiration of six years after the date of the violation.”
As such, you can see that “willful failure” is much different than, say, tax evasion or tax fraud. And for courts to successful convict an alleged offender, the prosecution must prove that the defendant knowingly and willfully failed to properly follow state income tax laws.
Contact the Financial Crimes Attorney at Dewey Brinkley Law
If you’ve been charged with any white collar crimes, financial crimes, or North Carolina state tax crimes, you need to contact a financial crimes defense attorney as soon as possible. Remember, a willful failure to pay income taxes charge can result in a Class 1 misdemeanor, possibly punishable by 1 to 120 days of active, intermediate, or community punishment.
To speak with attorney Dewey P. Brinkley regarding these alleged offenses, contact our Raleigh law firm today by dialing (919) 832-0307. Free consultations are available.